Excessive DUI Information

FACING A DUI CAN BE STRESSFUL, AND AN EXCESSIVE DUI
CARRIES SEVERE PENALTIES THAT CAN BE A CAUSE FOR CONCERN,
BUT NOT FOR DESPAIR. OUR EXPERIENCED ATTORNEYS CAN HELP.
WE OFFER FREE CONSULTATIONS

•You only have 7 days to challenge the 90 day IDOT suspension
•You are facing an additional license suspension from the judge
•You may have to carry SR22 insurance for up to 3 years
•DUI penalties include jail time
PENALTIES FOR AN EXCESSIVE DUI
First Offense
• Misdemeanor violation
• Jail: 10 days mandatory, up to 1 year
• Fines: up to $2,000
• License suspension: 1 year mandatory after release from confinement with no driving privileges of any kind
Second Offense within 5 Years
• Felony violation
• Jail: mandatory 30 days in the county jail, or up to 5 years in the state penitentiary
• Fines: up to $5,000
• License suspension: up to 5 years, 1 year mandatory after release from confinement with no driving privileges of
any kind
• Ignition interlock mandatory
Aggravated DUI
• It is a felony to cause serious injury to another person while driving under the influence. Jail time, fines and driving
suspension are enhanced.
HIRING AN EXPERIENCED ATTORNEY
• 7 years experience in criminal and immigration law, handling 1000’s of criminal and immigration cases in Idaho and
New York.
• Clients receive regular communication regarding court dates and case events
• Large firm experience with small firm attention
CHALLENGING YOUR DUI
By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable.
That’s why it would be a good idea to consider hiring one of America’s DUI and DWI Defense Attorneys now. Here’s a
few ways our lawyers may be able to win your case.
1. ILLEGAL STOP OF PERSON OR VEHICLE – A driver cannot be stopped unless the officer has a reasonable and
articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a
violation has occurred.
2. WEAVING INSIDE THE LANES IS NOT ILLEGAL– Weaving without crossing any lines is not a violation of the law, and
a vehicle cannot be stopped for that reason.
3. ANONYMOUS REPORT OF DRUNK DRIVING – A car cannot be stopped simply because an anonymous citizen
reported that the driver was drunk.
4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – In healthy individuals, the one-leg stand test is only 65%
accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons
with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by
these tests.

5. BREATH TESTING IS INACCURATE– Virtually all experts concede that one breath test alone is unreliable. Breath
testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.
6. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is
clear and their balance is perfect, in spite of police testimony to the contrary.
7. IN-SQUAD VIDEOS – More and more often, the suspect’s driving and performance on field tests is being recorded;
often contradicting police testimony.
8. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time, which
varies between states, through delays of the court or prosecutor, the charges must be dismissed.
9. BLOOD TEST INACCURATE– Many times, police blood testing fails to follow prescribed rules of testing, analysis, or
preservation recommendations.
10. BREATH TEST OPERATOR UNLICENSED – A Breath Test Operator must possess a valid, unexpired operator’s
license, or the breath test result is inadmissible.
11. BREATHALYZER MACHINE MALFUNCTIONS– If there is a malfunction or repair of the breath test instrument within
a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
12. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not
prove a charge of driving under the influence.
13. INDEPENDENT WITNESSES IN IDAHO – Often times, independent witnesses to accidents, bartenders, hospital
personnel and others can provide crucial evidence of the defendant’s sobriety.
14. FAILURE TO MIRANDIZE IN IDAHO – Prosecutors may not use as evidence the statements of a defendant in custody
for a DUI when the police have failed to properly issue Miranda Warnings.
15. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED– According to the National Highway and Traffic Safety
Administration, improperly administered field tests are not valid evidence of intoxication.
16. OFFICER’S PRIOR DISCIPLINARY RECORD– A police officer’s previous disciplinary record can be used to attack the
officer’s credibility.
17. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED– The manufacturers of portable breath testing devices
require a minimum of two tests to consider the results evidential in nature.
18. FAILURE TO CONDUCT OBSERVATION PERIOD –A driver be observed continuously for a minimum period, prior to
a breath test in order for the results to be considered admissible and valid.
19. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field
sobriety tests.
20. POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time
of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true
level was when the person was operating the automobile.
21. INTERFERING SUBSTANCES– Many items contain forms of alcohol, which may cause false results, such as asthma
spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
22. BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified
protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in
improper readings.
23. PRIVATE PROPERTY– A person who has not driven the car on a public highway cannot be suspended for drunk
driving.
FREE CONSULTATION
•Ask me how to challenge your DUI
•Ask me how the requirement to carry SR22 insurance can be eliminated
•Ask how it is possible to obtain a temporary drivers permit
•Call 208-466-1800 for your free consultation today
•Available 24 hours a day and 7 days a week for emergencies

 

Leave a Reply